We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Employment

  • June 18, 2019

    Alaska Airlines Can't Dodge Military Leave Pay Suit

    A Washington federal judge on Monday refused to dismiss a proposed class action accusing Alaska Airlines Inc. and its sister company Horizon Air Industries Inc. of shortchanging hundreds of pilots who took short-term military leave on pay and benefits.

  • June 18, 2019

    Added Details Keep Mass. Hospital Overbilling Claims Alive

    A former anesthesiologist at Massachusetts General Hospital has provided enough detail to suggest the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room, a federal judge ruled in allowing a False Claims Act suit to proceed.

  • June 17, 2019

    Chancery Closes Road For Hertz Mid-Case Legal Fee Appeal

    Saying that a partial judgment appeal right is not an invitation to swamp the state Supreme Court's docket, a Delaware vice chancellor on Monday rejected a motion by The Hertz Corp. for a mid-case appellate review of recent legal fee advancement awards for four executives.

  • June 17, 2019

    Ex-Jones Day Partner Drops Bias Suit Alleging 'Frat Culture'

    A former Jones Day partner has dropped her California state court suit claiming the firm fired her for speaking out against its alleged "fraternity culture" that treated women like "second-class citizens," Jones Day said Monday.

  • June 17, 2019

    Domino's Owes $9M For Delivery Driver's Catastrophic Crash

    A Florida state jury has awarded nearly $9 million against Domino's Pizza for the injury and death of a former firefighter and paramedic after a 2011 crash caused by one of its delivery drivers.

  • June 17, 2019

    Pepperidge Farm Nears OK On $22.5M Misclassification Deal

    A California federal judge on Monday said he wanted some more information before he'll approve a $22.5 million settlement to resolve claims that Pepperidge Farm Inc. denied employment benefits to product distributors in California, Massachusetts and Illinois by misclassifying them as independent contractors.

  • June 17, 2019

    NYC Celebrity Chef Tip Suit Settles For $10K

    A proposed wage-and-tipping collective action filed by two former employees of the famed Felidia restaurant in New York City has settled in federal district court for $10,000, although the plaintiffs say they would have recouped around $46,000 had they succeeded on all their claims.

  • June 17, 2019

    Asian Ex-Greenspoon Partner Settles Bias Suit Against Firm

    Greenspoon Marder LLP has resolved a suit alleging it discriminated against a Korean American “top performer” because of his race and national origin, according to an order filed Monday in New York federal court.

  • June 17, 2019

    NY Lawmakers Propose Gig Worker Bargaining Bill

    New York lawmakers have proposed a bill in the New York State Legislature that would empower workers in the "gig economy" to form unions and provide them certain wage-related rights.

  • June 17, 2019

    DOJ Addicted To Failed FCA Theory, Hospital Chain Says

    The U.S. Department of Justice is clinging to a discredited False Claims Act theory that improperly imposes stricter billing standards in privately run Medicare Advantage than traditional government-run Medicare, California hospital chain Sutter Health said Friday.

  • June 17, 2019

    EEOC Expects To Open Pay Data Collection July 15

    The U.S. Equal Employment Opportunity Commission is on track to start collecting employers’ EEO-1 payroll data next month, the agency said in a Washington, D.C., federal court filing.

  • June 17, 2019

    Jimmy John's Challenges Legal Standard In No-Poach Case

    Jimmy John's asked an Illinois federal judge Friday to let it challenge her reasons for forcing it to face antitrust allegations over no-poach provisions in its franchise agreements, saying the appeal could significantly advance its case and several similar ones nationwide.

  • June 17, 2019

    5th Circ. Sinks $65M Stanford Insurance Scam Deal

    The Fifth Circuit on Monday vacated a $65 million deal ending claims that Lloyd's of London and other underwriters should cover losses from R. Allen Stanford's $7 billion Ponzi scheme, taking issue with a provision that barred future claims against the underwriters.

  • June 17, 2019

    BofA Workers Seek To Certify Class Of 33K In Wage Row

    Workers who say Bank of America owes them unpaid wages have asked a California federal court to allow them to pursue their suit against the financial services giant as a class action that could cover more than 33,000 employees, according to court records.

  • June 17, 2019

    Fla. Judge Axes 'Political' Wage Suit Against Trump For Now

    A Florida federal judge on Friday dismissed a proposed class action alleging that Donald Trump's presidential campaign underpaid and discriminated against black women workers, saying that the pleadings present “a political lawsuit, not a tort and wages lawsuit” and that they must be amended.

  • June 17, 2019

    7th Circ. Breathes New Life Into Alcoholic Worker's Bias Row

    The Seventh Circuit has revived discrimination claims by an African American former Chicago water district worker who suffered from alcoholism, saying a trial court set the legal bar too high when it cast aside the worker's allegations of being illegally fired because of his race and disability.

  • June 17, 2019

    High Court Won't Review Block On ACA Birth Control Rules

    The U.S. Supreme Court on Monday turned away a bid by the Trump administration and a religious group for review of a block on interim rules that exempted employers with religious objections from providing birth control coverage required by the Affordable Care Act.

  • June 17, 2019

    Sears Says It Had The Right To End Retiree Insurance Plan

    Sears has told a New York bankruptcy court that its Chapter 11 case doesn’t need a retiree committee to look into the disputed cancellation of a retiree life insurance plan, saying it has no money to pay for the insurance even if the retirees are entitled to it.

  • June 17, 2019

    NJ Justices Won't Review Gym Worker's Race Bias Suit

    The New Jersey Supreme Court has declined to review a lower court's finding that a former fitness club manager has to arbitrate her racial discrimination claim because she agreed to alternative dispute resolution when signing her employee contract, according to an order made public Monday.

  • June 17, 2019

    Supreme Court Dodges New Gay Wedding Cake Fight

    The U.S. Supreme Court on Monday once again punted a major case over the ability of business owners to deny services to LGBT people for religious reasons, telling a lower court to reexamine an Oregon bakery's refusal to make a cake for a same-sex wedding.

  • June 14, 2019

    Employers May Limit Unions' Worksite Actions, NLRB Says

    The National Labor Relations Board ruled Friday that employers can ban union representatives from organizing in areas of their property open to the public, upending a nearly four-decade old standard in finding that a Pennsylvania hospital legally kicked organizers out of a cafeteria.

  • June 14, 2019

    American Airlines Wins Temporary Block On Work Slowdown

    A Texas federal judge on Friday approved a request by American Airlines to block mechanics unions from engaging in "any form of interference" with the airlines' operations while it continues its lawsuit alleging the unions are using illegal work "slowdowns" to gain leverage in contract negotiations.

  • June 14, 2019

    NLRB Advice Memo Raps Ban On Social Media Criticism

    Employers can't block their workers from criticizing them on social media, though they can keep the employees from accessing those sites with their company devices, the National Labor Relations Board general counsel's office said in one of three advice memorandums posted Friday.

  • June 14, 2019

    Union Blasts 'Orwellian' NLRB Effort To Muzzle 'Scabby'

    A New York construction workers union is trying to prevent well-known labor protest symbol Scabby the Rat from being muzzled for good by the National Labor Relations Board, which they accused Friday of mounting an Orwellian effort to upend First Amendment union protections.

  • June 14, 2019

    NYC Uber Rules Aren't A Cure-All For Driver, Traffic Woes

    New York City’s strict limitations on the growth of Uber, Lyft and other app-based ride-hailing services are aimed at increasing drivers’ earning potential and cutting traffic congestion, but the mixed-bag approach to leveling the competition between tech-based companies and traditional taxicabs may blow back on consumers, experts say.

Expert Analysis

  • Cybersecurity Compliance May Be The Next FCA Battleground

    Author Photo

    Three fairly recent False Claims Act cases are harbingers of cybersecurity noncompliance litigation likely to become more common for government contractors in the aerospace, defense, health care and information technology sectors, say attorneys at Fried Frank.

  • New Opinions Highlight 3 FMLA Issues To Avoid

    Author Photo

    Employers in the U.S. continue to grapple with a host of challenging Family and Medical Leave Act issues, and each season presents a surprisingly large number of court opinions explaining what employers did right or wrong when it comes to leave administration, says Linda Dwoskin at Dechert.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

    Author Photo

    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • The True Definition Of A Whistleblower Claim

    Author Photo

    Whistleblower is often misused as a generic term, but it actually has a specific meaning with specific implications that companies must understand when crafting programs to handle both actual and purported whistleblower complaints, says Neil Rosolinsky, deputy general counsel at Citizens Financial Group.

  • 5 Tips To Help Your Summer Associates Succeed

    Author Photo

    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • What Antitrust Attys Need To Know About Labor Monopsony

    Author Photo

    Economists for a long time assumed that labor markets are competitive and do not pose any problems for antitrust law. But new research has shown that this assumption is wildly inaccurate, says Eric Posner of MoloLamken.

  • Challenges To Trump's '2 For 1' Order Face Difficult Road

    Author Photo

    Shortly after President Donald Trump took office, he issued an executive order directing agencies to eliminate two existing regulations for every new regulation adopted. Multiple lawsuits challenging this order are ongoing, but federal courts are poorly equipped to adjudicate claims that involve an agency’s failure to regulate, says Steven Gordon of Holland & Knight.

  • Keys To Communicating A Law Firm's Mission

    Author Photo

    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • Trade Secret Protection Is Getting Stronger In China

    Author Photo

    While some U.S. parties have historically hesitated to pursue trade secret misappropriation remedies in China due to concerns about low potential recoveries, bias in the local judiciaries or the lack of discovery, recent developments change the field of play significantly in these areas, say attorneys with Covington.

  • Arbitration Pacts In Franchising: One Size Doesn't Fit All

    Author Photo

    Many franchise companies have started to shift away from making arbitration the default and preferred method for dispute resolution. But considering whether to require binding arbitration of franchise disputes can be a million-dollar question, says Doug Knox of Spencer Fane.

  • Opinion

    How Lawyers Can Help Save The Planet

    Author Photo

    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Amendments Would Add Clarity To Texas Anti-SLAPP Law

    Author Photo

    If signed into law by the Texas governor, recent amendments to the Texas Citizens Participation Act will offer solutions to resolve the impact the anti-SLAPP law has had on unfair competition lawsuits in the state. The changes include several notes of interest for Texas practitioners, says Matthew Simmons of Littler Mendelson.

  • What 9th Circ.'s Take On Dynamex Means For Calif. Employers

    Author Photo

    In Vazquez v. Jan-Pro, the Ninth Circuit ruled that the California Supreme Court’s Dynamex decision should be applied retroactively, reminding employers of the hurdles presented by Dynamex’s so-called ABC test for worker classification, and of the potential exposure for employee misclassification, says Grant Alexander of Alston & Bird.

  • Inside The New FCA Cooperation Credit Guidelines

    Author Photo

    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

    Author Photo

    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

Can't find the article you're looking for? Click here to search the Employment archive.